The Libertarian Party of Kentucky is going to file suit in federal court against the Commonwealth of Kentucky over a Court of Appeals decision issued last week that removed 3rd district Congressional candidate Ed Martin from the ballot, the party’s chairman said.
“Kentucky law doesn’t allow us to appeal a Court of Appeals decision,” said Ken Moellman, LPKY chairman. “So our only choice is to sue in the state on the federal level. It was a terrible decision. It violates the rights of all third parties.”
Martin, a registered Republican, argued in Jefferson Circuit Court in September that he should be allowed on the ballot even though Kentucky election law prohibits members of qualified parties — Republican or Democratic — from running for office as independent candidates in partisan races. He said the Libertarian Party is a bona fide party even though it is not considered a qualified party in Kentucky, and that he is not, therefore, an independent candidate.
The Circuit Court agreed with Martin, before the Court of Appeals overturned.
Martin and the Libertarian Party can find a lot to be optimistic about in a 2006 federal court decision in Libertarian Party of Ohio v. Blackwell.